Fill and Sign the Private Road Maintenance Agreement Recitals Whereas Form

Private Road Maintenance Agreement Agreement made on the _____________ (date), between __________________ (Name of Developer), a corporation organized and existing under the laws of the state of ______________, with its principal office located at __________________________ ______________________________________ (street address, city, state, zip code), referred to herein as Developer, and the County of ______________________ (Name of County and State), hereinafter referred to as County. Whereas, this Road Maintenance Agreement will be for the benefit of future subdivision lot owners who will use the private road easement (hereinafter referred to as Lot Owners), which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots); and Whereas, this Agreement is required as a condition of approval by the County of _______________________ (Name of County and State), a subdivision project as defined in _________________________________ (Cite County Ordinance); and, Whereas. Developer is the Owner of certain real property being subdivided and developed as that will use and enjoy the benefit of said road easement; and Whereas, a complete legal description of said real property (hereinafter referred to as the Property), is attached hereto as Exhibit A, and incorporated by reference; and Whereas, it is the mutual desire of the parties hereto that said private road easement be maintained in a safe and usable condition by the Lot Owners; and, Whereas, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of said private road easement and for the apportionment of the expense of such maintenance and repair among existing and future Lot Owners; and Whereas, the County shall be deemed a party hereto with the right but not the obligation to enforce full compliance with the terms and conditions of this Agreement; and Whereas, it is the mutual intention of the parties that this Agreement constitute a covenant running with the land, binding upon each successive Lot Owner of all or any portion of the Property; Now, therefore, for and in consideration of the mutual covenants contained in this
Deed, dated as hereinafter described, each such lot owner agreeing on behalf of themselves and their successors and assigns to execute the following covenants; that is to say: to maintain and repair such private road easement, and any adjoining land improvements (hereinafter referred to as the appurtenant area), for the benefit of road users using or occupying the same, either for personal motor vehicle or pedestrian travel or both as designated in the signed and dated agreement, in a safe and usable condition and condition to such extent as it is reasonable to do for a reasonable amount of time, in consideration of and for the privilege of using such road easement. The appurtenant area is hereby defined as the area where the road utility wires are located, which, if it becomes necessary to repair, install, or otherwise maintain, the road utility wires (including underground cables from utility poles) should be done in a safe and safe manner. Such appurtenant area shall include land that is conveyed at a price determined by the parties hereto as being reasonable to repair, install, or otherwise maintain utility lines, regardless of whether the parties intend to utilize the utility lines in a way other than for personal or private motor vehicle travel. The parties hereto reserve the right to do such repairs, installations or other maintenance at a time or place of their choice, within or without the county of (name of county and state). The parties hereto reserve the right to repair or install any utility lines, whether they are currently installed, anywhere in the county of (name of county and state) subject to said parties having the responsibility for maintenance of the maintenance that may be performed. When any party uses any of the private road easement, they shall use the road for such period of time as is reasonably reasonable from time to time. To make the landowners aware of the nature of the services that are provided and to notify them by a reasonable means when maintenance is scheduled, the parties hereto agree on and hereby agree to provide such notice by any means of communication that would constitute reasonable notification to road users. For the purpose of this agreement both the county and the developers agree that any communication via email is considered a communication to an extent that any future provision shall be deemed a part of this agreement between developers. Upon a declaration of any dispute relating to the terms, conditions or obligations contained herein, such parties shall promptly send, by certified mail, return receipt requested, a written notice of dispute to the other parties at the.